Santa Rosa Construction Defects Attorney

What To Do If You Suspect Construction Defects or Negligent Work

When you first discover a leak, crack, or other sign of trouble, it can be tempting to immediately start repairs or confront the builder. However, the choices you make early on can affect your ability to pursue or defend against claims later. We encourage clients to take a few measured steps before making major decisions.

Start by carefully documenting what you are seeing. Take photos and videos of visible damage from multiple angles and at different times, especially if conditions change with weather or use. Keep copies of all contracts, change orders, invoices, warranties, inspection reports, emails, and text messages related to the project in a single place. These records often become central to evaluating construction deficiencies and any potential dispute.

Before you authorize invasive or extensive repairs, consider speaking with counsel. Certain investigations and repairs may need to be coordinated so that responsible parties have a fair chance to inspect conditions, and so that evidence is preserved. At the same time, if there are immediate safety concerns or active leaks, interim measures may be necessary to protect people and property. We help clients balance these realities and make informed decisions.

Be cautious when communicating with contractors, insurers, or other parties. Well-intentioned statements or quick agreements can affect future rights or obligations. There are also strict time limits under California law for bringing different types of construction claims, and those timelines can be complex. Contacting our firm early for a free, no-obligation consultation gives you an opportunity to understand your options and plan next steps while those options are still available.

How Our Attorneys Approach Construction Defect & Negligence Cases

Every construction dispute is different, but our approach follows a clear structure that focuses on understanding the facts, clarifying goals, and developing a strategy that fits both. When you contact Smith Dollar, we typically begin by reviewing your contracts, project documents, and a description of the problems you are facing. We ask questions about timing, communications, and how the issues impact your property or business.

From there, we work to identify the key legal theories that may apply, such as breach of contract, negligence, breach of warranty, or related business or real estate claims. We also look at potential defenses if you or your company are accused of construction negligence. As a full-service firm, we can address overlapping issues that often arise, including disputes with lenders, landlords, tenants, or employees that are connected to the construction problem.

Once we have a clearer picture, we discuss potential paths with you, which may include negotiation, informal resolution, mediation, arbitration, or litigation. Many construction disputes resolve through carefully planned negotiation or structured alternative dispute resolution, which can limit disruption to your operations or community. When cases must proceed in court, our attorneys have the litigation background and recognition, including Super Lawyers and AV Preeminent ratings, that reflect our readiness to present complex cases effectively.

Throughout the process, communication remains central. We explain legal concepts in straightforward terms, keep you informed about developments, and revisit strategy as circumstances evolve. Our goal is to position you to make informed decisions at each stage and to pursue solutions that align with your business, property, or community priorities.

Frequently Asked Questions

How Do I Know If I Have a Valid Construction Defect Claim?

A valid construction defect claim usually involves more than cosmetic concerns. In general, you may have a potential claim if design, materials, or workmanship have caused damage, created safety risks, or failed to meet applicable codes or contractual standards. Examples include active leaks, structural movement, electrical or mechanical issues that pose hazards, or serious code violations identified by inspectors.

The best way to evaluate your situation is to have both the physical conditions and the project documents reviewed. Our attorneys look at contracts, change orders, warranties, inspection reports, and your description of the problems to assess whether legal claims may exist and against whom. Because deadlines can be strict, we encourage you to reach out for a free consultation if you suspect significant construction issues.

What Information Should I Bring to My First Meeting About Construction Problems?

Bringing organized information to your first meeting helps us give you more targeted guidance. Useful documents include your construction contract, change orders, invoices, payment records, warranties, inspection or punch list reports, and any notices or letters you have received. Photos and videos of the problems, along with any repair estimates or reports you already have, are also helpful.

If you have emails or text messages with the contractor, developer, or other parties about the issues, those can shed light on how the dispute developed. You do not need everything to be perfect before we talk, but the more information you provide, the better we can evaluate potential construction deficiencies or construction negligence concerns and outline next steps.

Will My Construction Defect Dispute Have To Go to Court?

Not every construction dispute ends up in a courtroom. Many matters resolve through direct negotiation, mediation, or other forms of alternative dispute resolution, particularly when parties are motivated to control cost and uncertainty. Courts in Sonoma County often encourage or require some form of settlement effort before trial, and many clients find resolution before reaching that stage.

However, some disputes cannot be resolved informally, especially when the parties disagree about responsibility, damages, or the nature of the defects. In those situations, litigation may be necessary to protect your interests. Our attorneys handle both negotiated resolutions and courtroom advocacy, and we discuss with you how each option may affect timelines, cost, and risk so you can decide how to proceed.

Talk With Our Construction Law Team

Construction defects, construction deficiencies, and construction negligence disputes can place your property, business, and financial stability at risk. You do not have to navigate these issues alone. Our attorneys at Smith Dollar are ready to review your situation, explain your options in clear terms, and help you plan a path forward that reflects your priorities.

We offer a free, no-obligation consultation by phone, video conference, or in person at our downtown office, and we work to provide affordable legal services to clients throughout the North Bay. With more than 150 years of combined experience, strong industry recognitions, and a deep commitment to client relationships, we stand ready to assist you when construction problems arise.

To discuss potential construction defects in your property or a claim involving alleged construction negligence in Santa Rosa, call (707) 405-7391 today.